First Annual Institute on Energy and Environmental Law with the University of Houston Law Center

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1 Satisfy Your CLE Requirements! First Annual Institute on Energy and Environmental Law with the University of Law Center Bracewell & Giuliani,, February 3-4, 2011 Latest trends and regulatory developments in energy and environmental law Key legal initiatives in climate change, oil and gas, renewable energy, and nuclear power development New legislation and regulations for offshore energy drilling, production and spill response Emerging issues in electric power, including nuclear and coal-fired power development Special Luncheon Keynote Addresses: Energy Policy Issues 2011: Barry K. Worthington, Executive Director, United States Energy Association (Day One) Affordable Energy for the Future: John D. Hofmeister, Founder and CEO, Citizens for Affordable Energy (Day Two) Do You Know There Are 5 Ways To Attend PLI s Programs? See inside for details... Register Online at or Call (800) 260-4PLI

2 First Annual Institute on Energy and Environmental Law with the University of Law Center Bracewell & Giuliani,, February 3-4, 2011 Why You Should Attend Legal issues in the energy industry played a pivotal role in U.S. economic and security policy during the first year of the Obama administration, and new federal environmental mandates affecting the energy arena have risen to similar prominence. Energy and environmental law deeply overlap and influence each other, and a critical understanding of one field requires a thorough grasp of key concepts in the other. Few energy practitioners can counsel their clients without understanding the latest important developments in environmental law, and most environmental practitioners will need to grasp the key changes in energy policy that affect greenhouse gas emissions, overall air quality, siting and land use, and renewable energy and demand response mandates. This program provides a survey of the most important recent developments and actions in both the energy and environmental legal arenas. It also offers insights on pending initiatives that might affect each field. The Institute will draw on a mix of senior government officials, experienced outside counsel and upper-level in-house counsel to provide a broad overview and practical advice on how developing trends in both energy and environmental law will affect important legal issues and projects facing practitioners today. What You Will Learn A broad picture of the most important trends and regulatory developments in both energy and environmental law An overview of the key legal initiatives in climate change, oil and gas, renewable energy, and nuclear power development Review new legislation and regulations for offshore energy drilling, production and spill response after the Deepwater Horizon events and in light of development of natural gas from nontraditional areas, particularly shale deposits Examine pending EPA and state enforcement initiatives that might affect the development of oil and gas from traditional, nontraditional and offshore resources Identify emerging issues in electric power, including nuclear and coal-fired power development Who Should Attend Energy and environmental practitioners in outside law firms, in-house counsel with responsibility for energy or environmental legal portfolios, government counsel with oversight for energy and environmental policy concerns, and anyone who needs a systematic overview of the key issues that affect both energy and environmental law. Reserve your place today, call (800) 260-4PLI.

3 Co-Chairs: Tracy D. Hester Assistant Professor of Law Director, Environment, Energy & Natural Resources Center University of Law Center FACULTY Sheila Slocum Hollis Duane Morris LLP Linda K. Breathitt Federal Representative Southern States Energy Board Lexington, Kentucky Martina E. Cartwright Board Member Texas Environmental Justice Advocacy Services Seth v.d.h. Cooley Duane Morris LLP Philadelphia Carol E. Dinkins Vinson & Elkins L.L.P. Vincent P. Duane Vice President & General Counsel PJM Interconnection Norristown, Pennsylvania Ellen C. Ginsberg Vice President, General Counsel & Secretary Nuclear Energy Institute John Hanger Secretary Pennsylvania Department of Environmental Protection Harrisburg, Pennsylvania John D. Hofmeister Founder and CEO Citizens for Affordable Energy Jeffrey R. Holmstead Bracewell & Giuliani, LLP R. Skip Horvath President & CEO Natural Gas Supply Association Thomas D. Hutchins, PE EH&S Director El Paso Corporation Stephen G. Kozey Vice President, General Counsel & Secretary Midwest ISO Carmel, Indiana Matthew L. Kuryla Baker Botts L.L.P. Adam M. Kushner Director Office of Civil Enforcement United States Environmental Protection Agency Pamela A. Lacey Senior Managing Counsel, Environmental American Gas Association Daniella Landers Sutherland Asbill & Brennan LLP Jim Marston Director, National Energy Program Environmental Defense Fund Austin, Texas Rae McQuade President North American Energy Standards Board Suzanne Murray Regional Counsel, EPA, Region 6 Environmental Protection Agency Dallas John R. Norris (Invited) Commissioner Federal Energy Regulatory Commission Eva Fromm O Brien Fulbright & Jaworski L.L.P. David R. Percy Borden Ladner Gervais Professor of Energy Law and Policy Faculty of Law University of Alberta Edmonton Karl R. Rábago Vice President, Distributed Energy Services Austin Energy Austin, Texas Tyson Theron Slocum Director Public Citizen s Energy Program Marc Spitzer Commissioner Federal Energy Regulatory Commission Ronald Tenpas Morgan, Lewis & Bockius LLP Charles W. Whitney Senior Vice President & General Counsel Oglethorpe Power Corp. Atlanta Anna Marie Wood Acting Director, Air Quality Policy Division Office of Air Quality Planning & Standards U.S. Environmental Protection Agency Research Triangle Park, North Carolina Barry K. Worthington Executive Director United States Energy Association Program Attorney: Meghan C. Forgione

4 P R O G R A M Please plan to arrive with enough time to register before the conference begins. A networking breakfast will be available upon your arrival. Day One: 8:45 a.m. 5:00 p.m. Morning Session: 8:45 a.m. 12:30 p.m. 8:45 11:15 Oil and Gas: Lifeblood with a Price An overview and integration of the key themes of the conference, including climate change, responses to the Deepwater Horizon spill, renewable energy developments and other important developments. Are we at the tipping point? Speakers: Tracy D. Hester, Sheila Slocum Hollis, Commissioner Marc Spitzer New oil spill legislation and regulations (including splitting of MMS into three new agencies) Status of the drilling moratorium and new guidelines for exploration on public lands Deepwater Horizon escrow fund and disbursements Roulette wheel of development Tort and damages lawsuits, including multidistrict litigation concerns Administrative claims procedure and effect on liability claims Endangered Species Act issues Speakers: Carol E. Dinkins, Eva Fromm O Brien 10:00 12:30 Climate Change Building a New World Without New Law Luncheon Presentation Energy Policy Issues 2011 Speaker: Barry K. Worthington Opening Remarks and Introduction Speakers: Tracy D. Hester, Sheila Slocum Hollis 9:00 Clash and Confluence of Energy and Environment Climate change legislation prospects and results is there a path forward? Additional activity driven by choice, not regulation EPA regulatory initiatives and air permitting program framework (PSD/NSR permitting, endangerment finding, Title V permit enforcement, reporting requirements) Climate change public nuisance tort lawsuits and potential U.S. Supreme Court review Carbon pricing and trading State law on carbon capture and storage Speakers: Jeffrey R. Holmstead, Anna Marie Wood 11:00 Networking Break Afternoon Session: 1:45 p.m. 5:00 p.m. 1:45 Exploration and Production of Nontraditional Oil and Gas Resources: The New Frontier Regulatory status of hydraulic fracturing and tight gas sources EPA initiatives and information sessions Effectiveness of state and local government attempts to regulate Tar sands and development of pipelines into U.S. Conflict with water use demands and sustainable management Speakers: Seth v.d.h. Cooley, John Hanger, R. Skip Horvath, Professor David R. Percy

5 S C H E D U L E Day Two: 9:00 a 2:45 In the Trenches: Permitting, Authorizations and Oversight of Hydrocarbon Refining and Associated Activities EPA initiatives to tighten emission permitting for refineries (especially in Texas) NSR/PSD enforcement initiatives Environmental justice requirements for refineries and other major sources Other new environmental standards, including revised ozone standard, tighter total maximum daily load limits for water discharges, and enhanced whole effluent toxicity testing requirements Speakers: Martina E. Cartwright, Matthew L. Kuryla, Suzanne Murray 3:45 Networking Break 4:00 Enforcement Issues in the Energy Industry: A New Focus EPA civil and criminal enforcement initiative against gas production, particularly in Barnett Shale and Marcellus Shale Large FERC penalties, CFTC enforcement initiatives EPA civil and criminal enforcement initiatives against refineries using state air permits that EPA has not approved Increased citizen suit enforcement State criminal initiatives against oil and gas operations Internal investigations Speakers: Adam M. Kushner, Ronald Tenpas 5:00 Adjourn Morning Session: 9:00 a.m. 12:30 p.m. 9:00 Emerging Issues for Electric Power: A Roundtable Discussion Smart grid implementation and future legal issues Reliability, markets, transmission development Restrictions on use of eminent domain under federal law NSR/PSD enforcement initiatives against power facilities New air toxics requirements for industrial boilers and power plants Security challenges (e.g., computer intrusion) Integration of multiple intermittent sources of renewable energy Speakers: Vincent P. Duane, Commissioner John R. Norris (Invited), Karl R. Rábago, Tyson Theron Slocum 11:00 Networking Break 11:15 The Coal Dilemma No Coal or Clean Coal? Recent revocation of approval for certain mountaintop mining operations Likely impact of greenhouse gas emissions on use and distribution of coal Hazardous air pollutant limits on coal-fired power plants Clean coal technology New legal standards and developing practices with geologic sequestration State law restrictions on carbon sale and transfer Speakers: Linda K. Breathitt, Jim Marston 12:30 Luncheon Presentation Affordable Energy for the Future Speaker: John D. Hofmeister

6 .m. 5:00 p.m. Afternoon Session: 1:45 p.m. 5:00 p.m. 1:45 Nuclear Power Prospects of nuclear power under proposed climate change frameworks and domestic U.S. legislation Update on federal initiatives to promote and develop new nuclear power projects Nuclear waste storage, including litigation over state compacts Speakers: Ellen C. Ginsberg, Charles W. Whitney 2:45 State of Play in Natural Gas Regulation Pipelines new projects, new developments, storage, delivery of shale and other nontraditional gas supplies; rate issues; enforcement and compliance LNG dead or alive? Canadian gas still a key supply and changes in dynamics Role of gas in GHG debate short-term solution or long-term godsend? FERC/CFTC regulation Dodd-Frank Act impact and other challenges Producers, marketers, distribution companies who is making legal waves? Speakers: Thomas D. Hutchins, Pamela A. Lacey, Rae McQuade 3:45 Networking Break 4:00 Emerging Energy Technologies: Renewable Energy, Wind Energy and Solar Is constructing transmission facilities a right, an obligation, or an opportunity? Issues associated with cross-border transmission projects Issues associated with off-shore siting What is transmission planning trying to accomplish? What is the goal of planning? How far is FERC s reach in planning? Speakers: Stephen G. Kozey, Daniella Landers 5 Ways to Attend PLI s Programs: Live Programs Attend the program with other attendees and ask the speakers questions from the floor. Ideal if you want the live experience. Live Webcasts View the live program from your home or office and watch the streaming video on your laptop or desktop, ask questions electronically, view or print the Course Handbook, and, if you have to miss any of it, you have access to the archived portion for one year. Ideal if you can t travel and still want to benefit from simultaneous live viewing of the program. Groupcasts Bring a PLI program for group viewing directly to your conference room. Enjoy the live streaming video and receive the best legal education from our expert faculty. All while training more people for less money, in the privacy of your own office setting. CLE Now Web Segments/Programs PLI anywhere, anytime you want it right from your PC. MP3/Audio CD/DVDs Watch or listen to PLI s programs in the comfort of your home or office. Visit for more details. Pro Bono Efforts Since 1933, PLI has been the comprehensive resource for the training and development needs of legal professionals. PLI is heavily involved in pro bono and research and development activities to ensure that all practicing attorneys and law students remain on the cutting edge. These activities include awarding full and partial scholarships to our Institutes and Programs, assisting public interest organizations in their training needs, and helping law students become first-rate attorneys by posting free lectures on our web site and offering free MPRE courses. For more information, go online to pro-bono.pli.edu. PLI Scholarships Please check the Registration Information section of this brochure for more information about PLI scholarships. 5:00 Adjourn PLI s Guarantee It s simple. If you re not completely satisfied with the return on your investment from any PLI program, your money will be refunded in full.

7 Cost is not a concern for Individual Privileged Members. Individual Privileged Members have the complete freedom to attend as many of PLI s 300+ annual programs and Live Webcasts as they please, for one flat annual fee. For just $3,495 you can get the training you need, however you want it. Contact membership@pli.edu for more information. REGISTRATION/HOTEL INFORMATION FOUR EASY WAYS TO REGISTER WEB: PHONE: (800) 260-4PLI Monday - Friday, 9 a.m. - 6 p.m., Eastern Time FAX: (800) Open 24 Hours! MAIL: Practising Law Institute 810 Seventh Avenue, New York, NY Fax or mail completed Registration/Order Form on back cover, Texas Seminar Location: Bracewell & Giuliani, 711 Louisiana St., Suite 2300,, Texas Hotel Accommodations: Magnolia Hotel, 1100 Texas Avenue,, Texas (888) Please contact the hotel directly and mention Bracewell & Giuliani. Payment Policy: Registration fees are due in advance. Attendees may pay by check, Visa, MasterCard, American Express or Diners Club. Cancellations: All cancellations received 3 business days prior to the program will be refunded 100%. If you do not cancel within the allotted time period, payment is due in full. You may substitute another individual to attend the program. PLI s Scholarship/Financial Hardship Policy: Full and partial scholarships to attend PLI programs are available to pro bono attorneys, judges, judicial law clerks, law professors, attorneys 65 or older, law students, librarians and paralegals who work for nonprofit organizations, legal services organizations or government agencies, unemployed attorneys and others with financial hardships. To apply, send your request on your employer s letterhead, stating the reason for your interest, along with the completed registration form on this brochure, to the PLI Scholarship Committee. All applications must be accompanied by a $25 application fee (this fee is waived for judicial law clerks), and must be submitted four weeks before the date of the program you wish to attend. (Applicants may pay by check or credit card.) If the request for a scholarship is denied, the $25 application fee will be returned. Students must also submit a copy of their student ID card. Education Course Credit: States have widely varying regulations regarding Continuing Education credit, therefore, please contact PLI for more information concerning approval. New York State CLE Credit: In accordance with the requirements of the New York State Continuing Legal Education Board, this non-transitional continuing legal education program is NOT approved for the newly admitted attorney within the first two years of admission to the Bar. It has been approved for experienced attorneys for a maximum of 17.0 credit hours, of which 17.0 credit hours can be applied toward the professional practice requirement. California MCLE Credit: PLI is a State Bar of California approved MCLE provider. This activity has been approved for MCLE credit in the amount of 14.5 credit hours. PLI will retain the required MCLE records for this program. California Paralegals: You can satisfy your new continuing legal education requirements by attending PLI s nationally acclaimed Institutes and Programs! Illinois CLE Credit: PLI is an accredited provider in Illinois. Special Needs: If you have special needs as addressed by the Americans with Disabilities Act, please notify Customer Relations at least two weeks prior to your program. Basic Upkeep Service: In order to keep you abreast of the latest developments in your field, the purchase of PLI treatises includes Basic Upkeep Service, so that supplements, replacement pages and new editions may be shipped to you immediately upon publication for a 30-day examination. This service is cancelable at any time. PLI Bookstores: Current Publications, Training Materials, Audio CD/DVDs and related products are available for purchase at the PLI New York Center, 810 Seventh Avenue at 53rd Street (21st floor), New York, NY, and at the PLI California Center, 685 Market Street, San Francisco, CA, Monday to Friday, 10:00 a.m. - 4:00 p.m. All PLI Publications can also be purchased online at info@pli.edu Visit Us On The Web:

8 First Annual Institute on Energy and Environmental Law with the University of Law Center Practising Law Institute Bracewell & Giuliani,, February 3-4, 2011 REGISTRATION / ORDER FORM When Registering, Please Refer to Priority Code: YBH1 Make necessary corrections on mailing address. YES, please register me for the following session: First Annual Institute on Energy and Environmental Law with the University of Law Center Seminar,* February 3-4, 2011, Bracewell & Giuliani, $1, Privileged Member Fee: $0 My address is: Please send me updates on PLI programs and services. FREE Shipping and Handling on all Audio CD/DVD and Treatise purchases. PLI will pay shipping and handling charges on all prepaid Course Handbook orders in the United States, U.S. Possessions and Canada. California, Florida, Illinois, Maryland, Massachusetts, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Texas, Virginia and residents please add applicable sales tax to price of Publications and Audio CD and DVD products. Please check if you are a PLI Privileged Member. Please send me information on PLI Membership. Please send me PLI s catalog of Publications. Please send me PLI s catalog of Institutes and Programs. The information below is required to properly process your CLE certificate: State: Bar ID# State: Bar ID# State: Bar ID# $ check enclosed (Payable to Practising Law Institute) Bill me PLI Privileged Member Please Charge to: Visa MasterCard American Express Diners Club Credit Card No.: Exp. Date: Signature Required: Phone No.: PRIORITY CODE: YBH1 8A500 Practising Law Institute 810 Seventh Avenue New York, N.Y NON-PROFIT ORGANIZATION U.S. POSTAGE PAID PRACTISING LAW INSTITUTE Name Title Firm Address (Use Street Address for UPS Delivery) City/State/Zip Phone Fax

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